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SPECIAL FUND v. FRANCIS

708 S.W.2d 641 (1986)

SPECIAL FUND and Coal Miners' Pneumoconiosis Fund, Movants, v. Freeman FRANCIS; Center Coal Company, now West Ken Coal Company; Associated Indemnity Corp.; and Workers' Compensation Board, Respondents.

Supreme Court of Kentucky.

May 1, 1986.

Attorney(s) appearing for the Case

Denis S. Kline, Labor Cabinet, Louisville, for movants.

John C. Whitfield, William R. Thomas, Madisonville, Director, Workers' Compensation Bd., Dept. of Labor, Frankfort, for respondents.

OPINION OF THE COURT

We have granted discretionary review because a majority of a Court of Appeals panel has refused to follow a long line of decisions of the highest court of this state in violation of S.C.R. 1.030(8)(a) which provides:

"The Court of Appeals is bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court."

The rule is fundamental and is absolutely necessary in a hierarchical...

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